Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 164 • Provide facts to support the assertions made.587 Undue means excessive or disproportionate.588 The word ‘undue’ must be given real meaning, determined in the circumstances of each case. Generally speaking, that which is ‘undue’ can only be measured against that which is ‘due’.589 Persons or businesses that contract with public bodies (local authorities, government institutions, and health trustees) must have some understanding that those dealings are necessarily more transparent than purely private transactions. Even if one assumes loss could be expected to the person or business, such loss would not be ‘undue’.590 Benefit means a favourable or helpful factor or circumstance; advantage, profit.591 Loss means an undesirable outcome of a risk; the disappearance or diminution of value, usually in an unexpected or relatively unpredictable way.592 Person includes an individual, corporation or the heirs, executors, administrators or other legal representatives of a person.593 Examples can include: • The disclosure of confidential information about the local authority’s intention to buy certain property might result in third parties buying the property in anticipation of profits from the local authority’s acquisition. • Premature disclosure of information about a change in revenue sources, such as taxes, duties, or tariff rates, could result in undue benefit to a third party. 587 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.4. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed August 29, 2019. 588 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/disclosure-harmful-economic-interests. Accessed July 17, 2019. 589 BC IPC Order 00-08 at p. 17. See also Howard Smith Paper Mills Ltd. v. The Queen (1957), 1957 CanLII 11 (SCC), 29 C.P.R. 6 (S.C.C.), at p. 425. 590 Adapted from BC IPC Order 00-41 at Appendix p. viii. 591 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 592 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1132. 593 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29.
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